†††† 11.† a.† When a
defendant is found guilty of a crime or offense involving domestic violence and
a condition of sentence restricts the defendant's ability to have contact with
the victim, that condition shall be recorded in an order of the court and a
written copy of that order shall be provided to the victim by the clerk of the
court or other person designated by the court. In addition to restricting a
defendant's ability to have contact with the victim, the court may require the
defendant to receive professional counseling from either a private source or a
source appointed by the court, and if the court so orders, the court shall
require the defendant to provide documentation of attendance at the
professional counseling.† In any case where the court order contains a
requirement that the defendant receive professional counseling, no application
by the defendant to dissolve the restraining order shall be granted unless, in
addition to any other provisions required by law or conditions ordered by the
court, the defendant has completed all required attendance at such counseling.

†††† b. (1) In addition, the
court may order the electronic monitoring, utilizing global positioning system
technology, of a convicted defendant referred to in subsection a. of this
section who is deemed to present a serious risk of re-offense.

†††† (2) In exercising judicial
discretion in determining subjects to monitor electronically, the court shall
consider the risks posed by the subject, based on relevant risk factors such as
the seriousness of the offense upon which the conviction was based and any
other factors the court deems appropriate.

†††† 13.† a. A hearing shall be
held in the Family Part of the Chancery Division of the Superior Court within
10 days of the filing of a complaint pursuant to section 12 of P.L.1991, c.261
(C.2C:25-28) in the county where the ex parte restraints were ordered, unless
good cause is shown for the hearing to be held elsewhere.† A copy of the
complaint shall be served on the defendant in conformity with the Rules of
Court. If a criminal complaint arising out of the
same incident which is the subject matter of a complaint brought under
P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.) has
been filed, testimony given by the plaintiff or defendant in the domestic
violence matter shall not be used in the simultaneous or subsequent criminal
proceeding against the defendant, other than domestic violence contempt matters
and where it would otherwise be admissible hearsay under the rules of evidence
that govern where a party is unavailable.† At the hearing the standard for
proving the allegations in the complaint shall be by a preponderance of the
evidence.† The court shall consider but not be limited to the following
factors:

†††† (1)† The previous history of
domestic violence between the plaintiff and defendant, including threats,
harassment and physical abuse;

†††† (2)† The existence of
immediate danger to person or property;

†††† (3)† The financial
circumstances of the plaintiff and defendant;

†††† (4)† The best interests of the
victim and any child;

†††† (5)† In determining custody
and parenting time the protection of the victim's safety; and

†††† (6)† The existence of a
verifiable order of protection from another jurisdiction.

†††† An order issued under this act
shall only restrain or provide damages payable from a person against whom a
complaint has been filed under this act and only after a finding or an
admission is made that an act of domestic violence was committed by that
person.† The issue of whether or not a violation of this act occurred,
including an act of contempt under this act, shall not be subject to mediation
or negotiation in any form.† In addition, where a temporary or final order has
been issued pursuant to this act, no party shall be ordered to participate in
mediation on the issue of custody or parenting time.

†††† b.† In proceedings in which
complaints for restraining orders have been filed, the court shall grant any
relief necessary to prevent further abuse.† In addition to any other
provisions, any restraining order issued by the court shall bar the defendant
from purchasing, owning, possessing or controlling a firearm and from receiving
or retaining a firearms purchaser identification card or permit to purchase a
handgun pursuant to N.J.S.2C:58-3 during the period in which the restraining
order is in effect or two years whichever is greater, except that this
provision shall not apply to any law enforcement officer while actually on
duty, or to any member of the Armed Forces of the United States or member of
the National Guard while actually on duty or traveling to or from an authorized
place of duty.† At the hearing the judge of the Family Part of the Chancery
Division of the Superior Court may issue an order granting any or all of the
following relief:

†††† (1)† An order restraining the
defendant from subjecting the victim to domestic violence, as defined in this
act.

†††† (2)† An order granting
exclusive possession to the plaintiff of the residence or household regardless
of whether the residence or household is jointly or solely owned by the parties
or jointly or solely leased by the parties.† This order shall not in any manner
affect title or interest to any real property held by either party or both
jointly.† If it is not possible for the victim to remain in the residence, the
court may order the defendant to pay the victim's rent at a residence other
than the one previously shared by the parties if the defendant is found to have
a duty to support the victim and the victim requires alternative housing.

†††† (3)† An order providing for
parenting time.† The order shall protect the safety and well-being of the
plaintiff and minor children and shall specify the place and frequency of
parenting time. Parenting time arrangements shall not compromise any other
remedy provided by the court by requiring or encouraging contact between the
plaintiff and defendant.† Orders for parenting time may include a designation
of a place of parenting time away from the plaintiff, the participation of a
third party, or supervised parenting time.

†††† (a)† The court shall consider
a request by a custodial parent who has been subjected to domestic violence by
a person with parenting time rights to a child in the parent's custody for an
investigation or evaluation by the appropriate agency to assess the risk of harm
to the child prior to the entry of a parenting time order.† Any denial of such
a request must be on the record and shall only be made if the judge finds the
request to be arbitrary or capricious.

†††† (b)† The court shall consider
suspension of the parenting time order and hold an emergency hearing upon an
application made by the plaintiff certifying under oath that the defendant's
access to the child pursuant to the parenting time order has threatened the
safety and well-being of the child.

†††† (4)† An order requiring the
defendant to pay to the victim monetary compensation for losses suffered as a
direct result of the act of domestic violence.† The order may require the
defendant to pay the victim directly, to reimburse the Victims of Crime
Compensation Board for any and all compensation paid by the Victims of Crime
Compensation Board directly to or on behalf of the victim, and may require that
the defendant reimburse any parties that may have compensated the victim, as
the court may determine.† Compensatory losses shall include, but not be limited
to, loss of earnings or other support, including child or spousal support,
out-of-pocket losses for injuries sustained, cost of repair or replacement of
real or personal property damaged or destroyed or taken by the defendant, cost
of counseling for the victim, moving or other travel expenses, reasonable
attorney's fees, court costs, and compensation for pain and suffering. Where
appropriate, punitive damages may be awarded in addition to compensatory
damages.

†††† (5)† An order requiring the
defendant to receive professional domestic violence counseling from either a
private source or a source appointed by the court and, in that event, requiring
the defendant to provide the court at specified intervals with documentation of
attendance at the professional counseling.† The court may order the defendant
to pay for the professional counseling.† No application by the defendant to
dissolve a final order which contains a requirement for attendance at
professional counseling pursuant to this paragraph shall be granted by the
court unless, in addition to any other provisions required by law or conditions
ordered by the court, the defendant has completed all required attendance at
such counseling.

†††† (6)† An order restraining the
defendant from entering the residence, property, school, or place of employment
of the victim or of other family or household members of the victim and
requiring the defendant to stay away from any specified place that is named in
the order and is frequented regularly by the victim or other family or
household members.

†††† (7)† An order restraining the
defendant from making contact with the plaintiff or others, including an order
forbidding the defendant from personally or through an agent initiating any
communication likely to cause annoyance or alarm including, but not limited to,
personal, written, or telephone contact with the victim or other family
members, or their employers, employees, or fellow workers, or others with whom
communication would be likely to cause annoyance or alarm to the victim.

†††† (8)† An order requiring that
the defendant make or continue to make rent or mortgage payments on the
residence occupied by the victim if the defendant is found to have a duty to
support the victim or other dependent household members; provided that this
issue has not been resolved or is not being litigated between the parties in
another action.

†††† (9)† An order granting either
party temporary possession of specified personal property, such as an
automobile, checkbook, documentation of health insurance, an identification
document, a key, and other personal effects.

†††† (10)† An order awarding
emergency monetary relief, including emergency support for minor children, to
the victim and other dependents, if any.† An ongoing obligation of support
shall be determined at a later date pursuant to applicable law.

†††† (11)† An order awarding
temporary custody of a minor child.† The court shall presume that the best
interests of the child are served by an award of custody to the non-abusive
parent.

†††† (12)† An order requiring that
a law enforcement officer accompany either party to the residence or any shared
business premises to supervise the removal of personal belongings in order to
ensure the personal safety of the plaintiff when a restraining order has been
issued.† This order shall be restricted in duration.

†††† (13)† (Deleted by amendment,
P.L.1995, c.242).

†††† (14)† An order granting any
other appropriate relief for the plaintiff and dependent children, provided
that the plaintiff consents to such relief, including relief requested by the
plaintiff at the final hearing, whether or not the plaintiff requested such
relief at the time of the granting of the initial emergency order.

†††† (15)† An order that requires
that the defendant report to the intake unit of the Family Part of the Chancery
Division of the Superior Court for monitoring of any other provision of the
order.

†††† (16)† In addition to the order
required by this subsection prohibiting the defendant from possessing any
firearm, the court may also issue an order prohibiting the defendant from
possessing any other weapon enumerated in subsection r. of N.J.S.2C:39-1 and
ordering the search for and seizure of any firearm or other weapon at any
location where the judge has reasonable cause to believe the weapon is
located.† The judge shall state with specificity the reasons for and scope of
the search and seizure authorized by the order.

†††† (17)† An order prohibiting the
defendant from stalking or following, or threatening to harm, to stalk or to
follow, the complainant or any other person named in the order in a manner
that, taken in the context of past actions of the defendant, would put the
complainant in reasonable fear that the defendant would cause the death or
injury of the complainant or any other person.† Behavior prohibited under this
act includes, but is not limited to, behavior prohibited under the provisions
of P.L.1992, c.209 (C.2C:12-10).

†††† (18)† An order requiring the
defendant to undergo a psychiatric evaluation.

†††† (19)† An order requiring
electronic monitoring of the defendant pursuant to the provisions of section 3
of P.L.†† , c.†† (C.†††† ) (now pending before the Legislature as this bill).

†††† In exercising judicial
discretion in determining subjects to monitor electronically, the court shall
consider the risks posed by the subject, based on relevant risk factors such as
the seriousness of the offense upon which the allegation was based and any
other factors the court deems appropriate.

†††† c.† Notice of orders issued
pursuant to this section shall be sent by the clerk of the Family Part of the
Chancery Division of the Superior Court or other person designated by the court
to the appropriate chiefs of police, members of the State Police and any other
appropriate law enforcement agency.

†††† d.† Upon good cause shown, any
final order may be dissolved or modified upon application to the Family Part of
the Chancery Division of the Superior Court, but only if the judge who
dissolves or modifies the order is the same judge who entered the order, or has
available a complete record of the hearing or hearings on which the order was
based.

†††† e.† Prior to the issuance of
any order pursuant to this section, the court shall order that a search be made
of the domestic violence
central registry.

(cf: P.L.2003, c.277, s.2)

†††† 3.† (New section) a.† The
director of the Administrative Office of the Courts, in consultation with the
Attorney General, shall establish a program for the continuous, satellite-based
monitoring of eligible defendants convicted of domestic violence offenses and
defendants against whom a final restraining order has been issued pursuant to
section 13 of P.L.1991, c.261 (C.2C:25-29).† The system shall provide for the
capability of active and passive monitoring, or a combination of both.

†††† b.† The monitoring system, at
a minimum, shall provide:

†††† (1)† Time-correlated or
continuous tracking of the geographic location of the monitored subject using a
global positioning system based on satellite and other location technology; and

†††† (2)† An automated monitoring
system that can be used to permit law enforcement agencies to compare the
geographic positions of monitored subjects with reported crime incidents and
whether the subject was in the proximity of such reported crime incidents.

†††† c.† The Administrative Office
of the Courts shall develop procedures to determine, investigate, and report on
a 24 hours per day basis a monitored subjectís noncompliance with the terms and
conditions of the monitoring program.† All reports of noncompliance shall be
investigated immediately by a parole or law enforcement officer.

†††† d.† The director may
promulgate guidelines to effectuate the provisions of this act.

†††† 4.† (New section)
Notwithstanding any provision of law, rule or regulation to the contrary, the
director, Attorney General, Superintendent of State Police and county and
municipal law enforcement agencies may share criminal incident information with
each other and the vendor selected by the director to provide the monitoring
equipment for the program. The director may direct the vendor to use data
obtained pursuant to this act in preparing correlation reports for distribution
and use by State, county and municipal law enforcement agencies.

†††† 5.† (New section)† a.† A
person who is monitored under the program established pursuant to this act
shall be assessed the cost of the monitoring device.

†††† b.† A person who tampers with,
removes or vandalizes a device worn or utilized by a monitored subject pursuant
to this act is guilty of a crime of the third degree.

†††† c.† A person who is monitored
under the program established pursuant to this act and fails to comply with its
requirements is guilty of a crime of the third degree.

†††† 6.† There is appropriated$500,000
from the General Fund to the Administrative Office of the Courts for the
purposes of implementing the program established pursuant to this act.

†††† 7.† This act shall take effect
immediately.

STATEMENT

†††† This bill establishes the
authority of the court to order electronic monitoring of a defendant found
guilty of a crime or offense involving domestic violence when a condition of
sentence restricts the defendant's ability to have contact with the victim.†
The bill would further authorize the court to order electronic monitoring for a
defendant following the issuance of a final restraining order issued pursuant
to section 13 of P.L.1991, c.261 (C.2C:25-29), to address the heightened risk
of injury to a victim during this period.

†††† Under the bill, the
Administrative Office of the Courts in consultation with the Attorney General is
directed to establish a program for the continuous, satellite-based monitoring
of domestic violence defendants deemed to present a serious risk of re-offense
based upon relevant risk factors such as the seriousness of the offense which
is the basis of the conviction and any other factors the court deems relevant.†
The monitoring system would use global positioning system (GPS) technology.